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1. Which Governments Come Out Ahead?
(William M. Myers and Davia Cox Downey/Essay)
Party capability theory assumes that governments, due to their immense resources and status as repeat players, hold a great advantage over individuals and organizations pursuing litigation in courts. Less ...
... in court. A systemic failure in the jurisdictional system of the EU immunized the MoU to any judicial challenge. At the apex of the system, the Court of Justice of the EU declined to answer preliminary ...
In Gauweiler v. ECB, the German Constitutional Court referred for the first time a case to the European Court of Justice. The BVerfG openly doubted the legality of the OMT program of the European Central ...
... the role other institutions, such as constitutional courts, have played in this field. It is argued that while these arrangements may have been successful in allowing national parliaments to play a greater ...
The Divisional Court of the Queen’s Bench Division of the England and Wales High Court handed down its decision on 20 April 2016 in the judicial review case of Shindler. This ruling confirmed that British ...
... are combined with the adoption of a deferential approach by the Courts that generally legitimized the accounting devices adopted by the States. The outcome is a system in which budget policies are influenced ...
... failure to clarify the nature of tribal sovereignty. It then analyzes recent court cases that protect tribal political and territorial autonomy by applying rights to consultation contained in the International ...
... supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered ...
This paper analyses the case-law of the European Court of Justice on the scope and limits of cross-border access of economically inactive Union citizens to national systems of social assistance. The author ...
10. Article 260 TFEU Sanctions in Multi-Tiered Member States
(W. Vandenbruwaene, P. Popelier and C. Janssens/Essay)
... procedures and financial sanctions under art. 260 TFEU. This article approaches this question both from the perspective of the Commission and the Court of Justice, as well as from the vantage point of ...
This paper analyses the case-law of the European Court of Justice on the substantive scope of ne bis in idem in transnational cases and evaluates the findings in light of the different concepts of legal ...
... power and allows for sufficient judicial review. However, the Supreme Court has taken a more permissive approach than the Court of Justice in defining the limiting principle. The United States has loosened ...
This article addresses the role of the Court of Justice of the EU (CJEU) in possible scenarios of EU reforms. Despite its crucial role in the EU integration process the CJEU has been neglected in many ...
... and figures to give a synthetic account of the framework of the EU-Egypt relations. In the evaluation of its outcomes, I will resort to scholarly opinions, to the Assessment Reports of the European Court ...
... the right to free health care for undocumented immigrants in Spain. The Spanish case illustrates the efforts of the Constitutional Court to conciliate unity and diversity in the legal design of health ...
In this essay, the author explores the way in which courts have played an important role in defining the shape of Mexico’s federal system and state constitutionalism in that country’s emerging multi-party ...
This paper analyzes the impact of courts and different systems of judicial review on subnational constitutional autonomy. Focus is put on the question on which interpretive guidelines courts may draw when ...
... this domain. More than a decade later, the decentralisation process is still work in progress. In this article, I will analyse the relevant case law of the Constitutional Court and the most important constitutional ...
This article discusses the role of national supreme courts in the development of the European legal order, moving from a hierarchical to an interaction account of the relationship between legal systems. ...
This article examines the nature, purpose and effect of constitutional dialogues between the Court of Justice of the European Union and constitutional courts taking as example the difficulty encountered ...
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